Data protection reform tops plenary agenda

The European Parliament is scheduled next week to adopt its version of a reformed data-protection regime, one of the European Union’s most ambitious legislative proposals this term. MEPs are eager to set down their position before the end of the current parliamentary term so that the incoming Parliament can start negotiations with the member states as soon as the Council of Ministers has adopted its position.

A partial agreement in the Council might be reached by June, paving the way for three-way talks after the summer break. Many member states have serious misgivings about the cost to businesses that they say the Commission’s proposal would involve; the European Council has indicated early next year as the target date for a negotiated deal with the Parliament and the Commission. The plenary will debate the legislation on Tuesday (11 March) and vote on it on Wednesday.

Also on Tuesday, MEPs will debate a proposal from the European Commission on setting up a European public prosecutor’s office, amid uncertainty on whether and how to proceed. The proposed office, a network of some 100 prosecutors across the member states, is supposed to help the EU recover some of the EU money lost to fraud every year. The Parliament’s position will be non- binding: the Lisbon treaty sets out a special procedure for the adoption of the public prosecutor in which MEPs can only approve or reject the proposal but not amend it. The plenary debate follows the first exchange between national justice ministers on the substance of the proposal on Tuesday (4 March).

Yellow card

Parliaments in 11 member states had triggered a ‘yellow card’ procedure, stating that the proposal was not in line with the EU’s principle of subsidiarity – the notion that the EU should legislate only where necessary, in cases where national measures are insufficient. The Commission subsequently decided, for the first time following a yellow card, to proceed with its initial proposal, a decision that has split the member states.

The Lisbon treaty’s special procedure for the adoption of a public prosecutor requires unanimity in Council; since unanimity appears to be beyond reach, it is likely that the Council will proceed, if at all, with a different procedure known as enhanced co-operation, which allows a group of at least nine member states to adopt and implement controversial legislation.

Surveillance

Another debate on Tuesday, to be followed by a vote on Wednesday, concerns the Parliament’s final report on its inquiry into alleged mass surveillance by the US National Security Agency.

The report sets out a demand that on-going trade talks with the US will not lead to a softening of data protection standards. It also calls for the suspension of a programme to share bank transfer data with the US, and calls on member states, including France, Germany and the UK, to strengthen oversight of their intelligence services. All of these are controversial with centre-right MEPs but are likely to be adopted by the plenary. The Parliament has in the meantime dropped plans to hear Edward Snowden, an NSA whistle-blower, in recorded video testimony.

MEPs will also discuss, on Wednesday morning (12 March), preparations for the March European Council, scheduled to take place in Brussels on 20-21 March. Member states’ leaders are supposed to discuss energy and climate issues, including a target for reducing greenhouse-gas emissions, as well as the European semester (the EU’s programme of budget surveillance) and the Europe 2020 strategy for growth and jobs.

They will then debate the findings of a Parliament inquiry into the workings of the ‘troika’ of international lenders – the European Commission, the European Central Bank and the International Monetary Fund – that monitors implementation of bail-out programmes in the eurozone. The inquiry report, which is critical of the troika’s work and its democratic legitimacy, was adopted by the economic and monetary affairs committee on 24 February. A plenary vote is scheduled for Thursday.

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